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Home/Questions

Taxchopal Latest Questions

CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: August 2, 2021In: Corporate Laws

Do the Statutory Auditors have a right to access all the Board Agenda and Minutes thereof?

  1. Advocate Dr Amit Dua Explainer
    Added an answer on February 19, 2022 at 11:07 am

    All audits on behalf of the Comptroller and Auditor General are required to be conducted as per the auditing standards. In other words, auditing standards shall apply to all types of audit including financial audit, compliance audit and performance audit. In conjunction with obtaining an understandiRead more

    All audits on behalf of the Comptroller and Auditor General are required to be
    conducted as per the auditing standards. In other words, auditing standards shall apply to all types of audit including financial audit, compliance audit and performance audit.

    In conjunction with obtaining an understanding of internal control over financial reporting, the auditor should obtain an understanding of the company’s process for:

    1. Identifying related parties and relationships and transactions with related parties;
    2. Authorizing and approving transactions with related parties; and
    3. Accounting for and disclosing relationships and transactions with related parties in the financial statements.
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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: July 30, 2021In: Income Tax

Can I claim deduction of rent paid in both section 80GG and 10(13a) HRA?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on July 30, 2021 at 5:21 pm

    Hi, The answer is a big No. If you are paying rent but not receiving house rent allowance then you are allowed to claim deduction under section 80GG subject to your spouse or children are not owning a house property in the place of employment. And, in case you are paying rent and receiving HRA, thenRead more

    Hi,

    The answer is a big No.

    If you are paying rent but not receiving house rent allowance then you are allowed to claim deduction under section 80GG subject to your spouse or children are not owning a house property in the place of employment.

    And, in case you are paying rent and receiving HRA, then you can claim a deduction of such HRA as per section 10(13A).

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: July 30, 2021In: Income Tax

Can I Claim HRA and Deduction of Home Loan Interest as well?

  1. Ramesh Sharma Enlightened
    Added an answer on July 30, 2021 at 5:28 pm

    Yes you can claim the exemption of HRA as per section 10(13A) as it has no bearing on your home loan interest deduction. The deduction of Interest on the home loans can be taken under section 24b. so, Both can be claimed. In fact, the interest paid on the home loan can be considered as the cost of tRead more

    Yes

    you can claim the exemption of HRA as per section 10(13A) as it has no bearing on your home loan interest deduction. The deduction of Interest on the home loans can be taken under section 24b.

    so, Both can be claimed.

    In fact, the interest paid on the home loan can be considered as the cost of the acquisition of property at the time of selling the property and calculating capital gain.

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Answer
CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: July 30, 2021In: Income Tax

How can I get exemption of HRA amount if it is not showing in my form 16A?

  1. Kirti Agarwal Beginner
    Added an answer on July 30, 2021 at 4:49 pm

    Exemption of HRA u/s 10 (13A) can be claimed only if it is mentioned in form 16. If it does not mention in form 16A that means your employer has not provided a separate component of HRA. HRA can be claimed when a separate component towards HRA is given by the employer in your salary. However, In absRead more

    Exemption of HRA u/s 10 (13A) can be claimed only if it is mentioned in form 16. If it does not mention in form 16A that means your employer has not provided a separate component of HRA.

    HRA can be claimed when a separate component towards HRA is given by the employer in your salary. However, In absence of it, you can claim for rent paid under section 80GG.

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: July 30, 2021In: Income Tax

I am living with my parents and receiving HRA from my employer, How can I get the exemption of HRA in Income Tax Act?

  1. Kirti Agarwal Beginner
    Added an answer on July 30, 2021 at 4:58 pm

    Rent paid to parents can also be considered to take an exemption of HRA. It is not fundamentally different with HRA paid to somebody else. There is no is also Let’s understand this with an example. You can pay rent to your parents and can claim the exemption of HRA as per section 10(13A). But beforeRead more

    Rent paid to parents can also be considered to take an exemption of HRA. It is not fundamentally different with HRA paid to somebody else.

    There is no is also Let’s understand this with an example.

    You can pay rent to your parents and can claim the exemption of HRA as per section 10(13A).

    But before that you must ensure to follow the following procedure:

    1. Sign a rental agreement with your parents for the rental property.
    2. Transfer money to your parents every month.
    3. Ensure that your parents report the rent paid by you as income in their income tax returns.
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Answer
CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: July 30, 2021In: Income Tax

I am receiving HRA (House Rent Allowance) from my employer, How can I get Income Tax exemption of HRA?

  1. Kirti Agarwal Beginner
    Added an answer on July 30, 2021 at 5:10 pm

    House Rent Allowance Salaried employees who receive house rent allowance as a part of salary and incurred payment towards rent can claim HRA exemption to reduce their taxable salary wholly or partially. The deduction of HRA can be claimed under section 10-13A of the Income Tax Act in the following mRead more

    House Rent Allowance

    Salaried employees who receive house rent allowance as a part of salary and incurred payment towards rent can claim HRA exemption to reduce their taxable salary wholly or partially.

    The deduction of HRA can be claimed under section 10-13A of the Income Tax Act in the following manner.

    The least of the below is allowed as HRA exemption:

    • Actual HRA received by the employee
    • 40 % of salary for non-metro city or 50 % of salary if the rented property is in Metro cities like Mumbai,Delhi, Kolkata and Chennai)
    • Actual rent paid minus 10% of salary.

    Important Points:

    1. Here Salary would include basic salary, dearness allowance and fixed percentage of commission.
    2. HRA in excess of the above exemption will be taxable under the heads of salary income.
    3. Documents like rent receipts and rental agreements will be required to be submitted to the employer for claiming the deduction for the house rent allowance.
    4. If the payment of rent is more than Rs 1 lakh per annum, then the PAN of the house owner will be required to be submitted. On the basis of these proofs, employers would provide a deduction for HRA in form 16.
    5. In case, HRA exemption has not been provided by the employer, the Employee, himself can claim exemption of such HRA at the time of filing of Income Tax Return, subject to the employer has mentioned the HRA amount separately in form 16A.

     

     

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: July 30, 2021In: Income Tax

How can I get exemption of rent paid even though I dont receive HRA?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on July 30, 2021 at 2:52 pm
    This answer was edited.

    Hi, If you are paying rent but not receiving HRA from your employer, then still you can take benefit in Income Tax for the amount of Rent paid. You need to satisfy the following conditions: You are self-employed or salaried You have not received HRA at any time during the year for which you are claiRead more

    Hi,

    If you are paying rent but not receiving HRA from your employer, then still you can take benefit in Income Tax for the amount of Rent paid.

    You need to satisfy the following conditions:

    1. You are self-employed or salaried
    2. You have not received HRA at any time during the year for which you are claiming 80GG
    3. You or your spouse or your minor child or HUF of which you are a member – do not own any residential accommodation at the place where you currently reside, perform duties of office, or employment or carry on business or profession.

    The deduction can be claimed under Section 80GG as follows:

     

    The lowest of the following can be claimed as a deduction:
    1 Rs 5,000 per month;
    2 25% of adjusted total income*;
    3 Rent paid minus 10% of adjusted total Income*
    *here Adjusted Total Income means Total Income minus long-term capital gain, short-term capital gain and deductions 80C to 80U.

    If you own any residential property at any place other than the place mentioned above, then you should not claim the benefit of that property as self-occupied. The other property would be deemed to be let out in order to claim the 80GG deduction.

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CA Sanjiv Kumar
CA Sanjiv KumarEnlightened
Asked: July 29, 2021In: GST

Whether GST applicable on delayed charges recovered by Stock broker from its clients?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on July 29, 2021 at 11:43 pm

    Yes, GST applicable on delayed charges recovered from client by a stock broker. UP - Authority on Advance ruling has made it clear that Charges on delayed payment of amount towards trading of securities are taxable under GST. Applicant is engaged primarily in business of providing services of stockRead more

    Yes, GST applicable on delayed charges recovered from client by a stock broker.

    UP – Authority on Advance ruling has made it clear that Charges on delayed payment of amount towards trading of securities are taxable under GST.

    Applicant is engaged primarily in business of providing services of stock broking i.e. purchasing and selling of shares on behalf of clients on exchange platform by virtue of being a recognized BSE/NSE appointed stock broker- Applicant is seeking advance ruling as regards taxability on delayed payments charges on reimbursement of amount by client to applicant, where client failed to pay amount paid to Stock Exchanges for purchase of securities with T+1 (Trading day plus one day) under SEBI Regulation norms and deducted by Stock Exchange from applicant’s account being purchase consideration of securities which are neither goods nor services under GST.

    According to Section 15 of the Central Goods and Services Tax Act, 2017/Section 15 of the Uttar Pradesh Goods and Services Tax Act, 2017  the service is Taxable supply.

    UP AAR held that delayed payment charges squarely get covered under GST for purpose of taxation.

    UP AAR held that applicant is regularly providing services of ‘trading of securities on behalf of customers’ which is a supply of services on which applicant is admittedly paying GST and delayed payments charges are also linked to said services of ‘trading of securities on behalf of customers’ and GST on same shall be payable in view of section 15(2)(d). Thus, applicant is liable to pay GST on delayed payment of charges which are overdue from client towards trading of securities and reimbursed to it.

    SPFL Securities Ltd., In re
    [2021] (AAR- UTTAR PRADESH)

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CA Vishnu Ram
CA Vishnu RamEnlightened
Asked: July 29, 2021In: GST

Is service by way of giving on hire a Mini Bus to state transport authority covered under GST? What will be the GST rate?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on July 29, 2021 at 11:02 pm

    The service of operating mini AC buses would classify under Heading No. 9966 & taxable at 12% Service of operating mini AC buses by applicant for Brihan Mumbai Electricity Supply Transport Undertaking (BEST) would not be exempt from payment of GST. It is covered under Heading No. 9966 i.e. 'servRead more

    The service of operating mini AC buses would classify under Heading No. 9966 & taxable at 12%

    Service of operating mini AC buses by applicant for Brihan Mumbai Electricity Supply Transport Undertaking (BEST) would not be exempt from payment of GST.

    It is covered under Heading No. 9966 i.e. ‘services by way of giving on hire to a state transport undertaking a motor vehicle meant to carry more than twelve passengers’ in terms of Notification No. 12/2017-CT(R), dated 28-6-2017.

    Said case is clearly covered by Sl. No. 10 of Notification No. 11/2017-CT (Rate), dated 28-6-2017 in as much as there is a Rental services of transport vehicles with or without operators and therefore for period up to 13-10-2017, applicant’s activity would attract GST at rate of 18 per cent and after Sl. No. 10 has been amended w.e.f. 13-10-2017, applicant will have to pay GST at rate of 12 per cent

     

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: July 23, 2021In: GST

Is secondment of employees is considered as service and reimbursement of their salary is chargeable to GST?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on July 23, 2021 at 11:14 pm

    Here the relationship of employer and employee exists between the seconded employee and subsidiary Company and thus the same is out of the meaning of service. Accordingly GST is not leviable on secondment of employees. In a similar case, Comm. Appeal Jaipur EXCISEST/VAT  held that no Service Tax wouRead more

    Here the relationship of employer and employee exists between the seconded employee and subsidiary Company and thus the same is out of the meaning of service.

    Accordingly GST is not leviable on secondment of employees.

    In a similar case, Comm. Appeal Jaipur EXCISEST/VAT  held that no Service Tax would be levied on reimbursement made by the Indian Company to its parent company for employee secondment. It was held that there exists an employer and employee relationship between the seconded employee and Indian Company and thus the same is out of the meaning of service as defined under section 65B(44) of the Finance Act, 1994 and thus not exigible to Service Tax. Please refer below case laws

    Imasen Manufacturing India (P.) Ltd.
    [2021] 128 taxmann.com 255 (Commissioner Appeals – GST- Rajasthan)

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